Case law

Connell v. Commissioner

51 T.C.M. 1657 · United States Tax Court · Jul 31, 1986

Clearly, any discussion of a gift after October 10, 1974 does not establish that the price of $3,500 per acre was accepted with donative intent unless it is found to reflect discussions prior to such date. … "It is well established that payments to an organization which qualifies as a charity are deductible as a charitable contribution under section 170 only to the extent the amount thereof exceeds the fair market value of any

Burt v. Commissioner

40 T.C.M. 1164 · United States Tax Court · Sep 9, 1980

Because the facts in Toner are clearly distinguishable from the facts in this case, neither our holding in Toner nor that of the Circuit Court is helpful in disposing of this case. … At least petitioner has failed to show that the course of study he was pursuing would not have qualified him for such a new trade or business.

Dankos v. Commissioner

52 T.C.M. 722 · United States Tax Court · Sep 30, 1986

An owner is one who has a "totality of rights, powers, privileges and immunities" with respect to a piece of property. 1 Restatement, Property 2d, sec. 10 at 25 (1936). … Therefore, petitioners do not qualify for a deduction under section 166 . Moreover, petitioners do not qualify for a deduction under section 162 .

Riggs National Corporation & Subsidiaries (f.k.a. Riggs National Bank and Subsidiaries) v. Commissioner

107 T.C. No. 18 · United States Tax Court · Dec 10, 1996

However, on cross- examination, he acknowledged that, in 1983 and 1984, the National Monetary Council had set a minimum loan term of 10 years in order to qualify for exemption under Decree-law 1,215, whereas the phase … Establish a tax on: a. The assets, revenues, or services of one another.

Malkan v. Comm'r

54 T.C. 1305 · United States Tax Court · Jun 17, 1970

The board also authorized and directed the proper officers of GTC to execute the registration statement and to take the necessary steps to qualify the shares for public sale. … But even the formal facts in that case are clearly distinguishable from those in the present one.

Peco Foods, Inc. & Subsidiaries v. Comm'r

103 T.C.M. 1120 · United States Tax Court · Jan 17, 2012

However, where the terms of the contract are ambiguous, we resolve the ambiguity using established rules of contract construction. Id. … Where a taxpayer’s method of accounting does not clearly reflect income, section 446(b) authorizes the Commissioner to compute taxable income under a method which, in his opinion, clearly reflects income.

Barringer v. Commissioner

31 T.C.M. 1149 · United States Tax Court · Nov 27, 1972

Barringer that you are better qualified to make this appraisal than anyone in this region. … The evidence clearly shows that Gressley was serving as the agent of Princeton University during the years in issue in receiving petitioner's gifts to Princeton.

Repetto v. Comm'r

103 T.C.M. 1895 · United States Tax Court · Jun 14, 2012

Accordingly, petitioners do not qualify for relief from the section 6662A penalty under the reasonable cause exception. … City of Rockford, 408 U.S. 104, 108 (1972), “[i]t is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.”

Charlton v. Commissioner

60 T.C.M. 324 · United States Tax Court · Jul 31, 1990

We think this case is clearly distinguishable. … Clearly, the Charltons' understatement of tax for 1982 is a "substantial understatement."

Andersen v. Commissioner

23 T.C.M. 589 · United States Tax Court · Apr 16, 1964

The fact that all Washington shares ever issued contain the necessary stamps clearly indicates that petitioners were aware of the necessity of such stamps in case of transfer of shares. Third. … Respondent counters with the argument that the series of events present here do not qualify under any of the statutory definitions of reorganization. We agree with respondent.

Lewis v. Comm'r

2014 T.C. Summary Opinion 112 · United States Tax Court · Dec 23, 2014

Petitioner husband clearly participated in a rental trade or business. … We find that for the years in issue petitioner husband has established that he satisfies the requirements to qualify as a real estate professional under section 496(c)(7).

Ten Twenty Six Investors v. Comm'r

113 T.C.M. 1516 · United States Tax Court · Jun 15, 2017

A qualified conservation contribution is a contribution (1) of a “qualified real property interest” (2) to a “qualified organization” (3) “exclusively for conservation purposes.” Sec. 170(h)(1). … easement seems clearly noneconomic)

Brinks Gilson & Lione P.C. v. Comm'r

110 T.C.M. 1079 · United States Tax Court · Feb 10, 2016

The record provides no evidence that petitioner based that practice on the advice of McGladrey or any other qualified tax professional. … Moreover, the evidence introduced does not clearly establish that Mr. Berg was provided with sufficient information to bring the issue to his attention. Petitioner failed to introduce the board minutes provided to Mr.

Meldrum & Fewsmith, Inc. v. Commissioner

20 T.C. 790 · United States Tax Court · Jul 8, 1953

. *795 On March 26, 1943, the petitioner's board of directors established an employee pension plan. … The plan does not clearly set forth the result of the trustee's election of the first option but we construe the plan in its entirety to preclude the elimination of any participant from the benefits of the plan by operation

Smith v. Commissioner

42 T.C.M. 431 · United States Tax Court · Jul 20, 1981

Those few other deductions, clearly proven or sufficiently established to warrant application of Cohan , are set out below. … Those amounts documented by the copies of letters, checks or receipts were clearly paid.

Derby v. Comm'r

95 T.C.M. 1177 · United States Tax Court · Feb 28, 2008

Respondent has not disputed that SMF was a qualified recipient of a charitable contribution as required by section 170(c). … Clearly none of the consideration from SMF was denominated as a direct payment for the intangible assets of petitioners' medical practices.

Robert W. Smiley, Jr., an Incompetent Person, Margaret T. Smiley, Guardian

United States Tax Court · Jun 17, 2024

For the reasons we have already described, respondent has clearly and convincingly established that Robert understated his income for 2008, and thus his income tax due for that year, by failing to report his receipt of millions … Respondent has also clearly and convincingly established the existence of numerous badges of fraud.

Schochet v. Commissioner

44 T.C.M. 556 · United States Tax Court · Jul 26, 1982

501(c)(6) organization (or may not be able to so qualify, n. 17, supra ) does not have any bearing upon the taxable nature of the funds' receipts. … Any inherent inequality in not requiring such funds to qualify for tax-exempt status should be addressed by the Congress and not this Court.

Di Domizio v. Commissioner

37 T.C.M. 704 · United States Tax Court · Apr 25, 1978

They state that clearly they have alleged herein their conscientious objection to all war and therefore have a personal stake in the outcome of the controversy. … Commissioner, F.2d (6th Cir., Mar. 14, 1978, 41 AFTR 2d 78 - , 78-1 USTC par. 9336 ), affg. an unpublished order of this Court. *363 Were this case to be tried and petitioners were to clearly establish their moral and ethical

Drake v. Commissioner

62 T.C.M. 1558 · United States Tax Court · Dec 17, 1991

She provided no documentary evidence to establish the amounts she purportedly paid for work clothing. … Given the sketchy nature of her testimony, we are unable to find that the items in question qualify as a deductible *681 business expense under the above test.